试析家庭暴力对青少年犯罪的影响

家庭是构成社会的基本单位,良好的家庭关系,不仅关乎每个家庭成员一生是幸福,也关系到整个社会的和谐。关于反家庭暴力的法律以及对家庭暴力的实践研究日益受到人们的关注。那些长期生活在暴力的家庭氛围中,得不到父母关爱的青少年,由于情感无法被满足,会形成有缺陷的人格,对周围的人和事怀有不信任和敌意,这将促使未成年人形成反社会人格。本文从心理学的角度来分析家庭暴力对青少年犯罪的影响,从生态学视角、压力释放理论和社会学习理论视野进行深入,全面的剖析,旨在减少社会家庭暴力,为防止青少年犯罪提供有效的对策。     

家庭暴力犯罪的产生原因及其法律防治对策

由于受到各种原因的影响,家庭暴力犯罪问题在我国相当突出。本文在分析造成家庭暴力犯罪的原因的基础上,提出了家庭暴力犯罪的法律防治对策。     

家庭暴力犯罪的成因及预防

家庭暴力犯罪是近些年来发生在家庭中的比较常见的一种犯罪,由于其犯罪主体的特殊性和对家庭产生的破坏性,因而引起了广大群众的高度关注.本文从家庭暴力犯罪的概念、特点入手,通过对家庭暴力犯罪的危害性、产生的原因等方面的论述,来探讨我国应如何加强立法和改进制度设计,从而完善我国对家庭暴力犯罪的预防和制止.     

澳大利亚预防打击家庭暴力

2019年2月28日,澳大利亚政府一项禁止家庭暴力犯罪前科人员入境的政府法令生效。据悉,该法令不仅拒接家暴犯罪前科人员入境,对于已入境但出现家庭暴力行为的外国人也将剥夺其居留权。澳大利亚移民部部长称:“澳大利亚对家庭暴力犯罪采取零容忍的态度,绝不允许对女性或儿童实施暴力的人入境澳大利亚。”透过该政府令可一定程度上窥见澳大利亚政府对家庭暴力问题的重视程度与治理的决心。     

完善家庭暴力犯罪刑事立法的若干思考

近年来,家庭暴力犯罪问题日益凸显,引起了社会的广泛关注。本文在借鉴他国家庭暴力犯罪刑事立法经验的基础上,结合我国的国情,从完善刑事实体法的角度进行了若干思考。     

家庭暴力下受暴女性犯罪量刑问题的思考

近年来,家庭暴力已成为社会的一个热点问题,家庭暴力下受暴女性犯罪问题也日益受到关注。但是理论界更多是探讨家庭暴力及受暴女性犯罪的原因及防治对策,对于此类女性犯罪的量刑问题的研究并不多,而实践中,对此类案件的处理又大相径庭。所以,目前亟需出台相关立法和司法解释将家庭暴力作为此类女性罪犯法定的从轻、减轻或免除处罚情节。     

反家庭暴力的刑法思考

家庭暴力是在全球范围内普遍存在的现象,无论是在西方发达国家还是在亚非的发展中国家,无论古代还是现代,这种现象都不同程度地存在着.随着时代与经济的发展,随着家庭暴力案件的增多,传统观念中的“私领域”已影响到了整个社会.家庭暴力与犯罪之间具有复杂的联系,本文着力于从刑法的角度分析家庭暴力,分析家庭暴力的成因、我国家庭暴力的...     

花都区涉家庭暴力犯罪案件调研报告

涉家庭暴力犯罪是指针对家庭成员的应受刑法惩罚的暴力犯罪行为。近年来,我区涉及家庭暴力犯罪案件时有发生,主要涉及故意杀人、故意伤害、强奸、强制猥亵儿童、重婚、抢劫等多种犯罪,家庭暴力犯罪危害严重,其不仅直接威胁家庭成员的人身安全,还影响了社会的和谐发展,亟需引起社会各部门的关注。本文从研究我院公诉科近年来受理的涉家庭暴力犯罪案件的基本情况及特点出发,分析了当前该类案件频发的原因,进而为解决这一社会问题提出相应的对策及建议。     

女性家庭暴力犯罪的成因及防治探析

家庭暴力已成为世界范围内重要的危害大众心理健康的社会问题。近年来,由于各方面的原因,女性家庭暴力犯罪呈现日趋上升的态势,已成为当今社会不容忽视的问题。女性家庭暴力犯罪不仅给个人和家庭带来了严重的危害,对社会的影响也是长期和巨大的。我国应当尽快提出有效可行的防治对策,以遏制其发展。     

青少年犯罪浅议

近年来我国青少年犯罪现象愈演愈烈,不仅青少年犯罪的数量日趋增多,而且青少年犯罪的性质也越来越恶劣,严重影响到社会的稳定与发展,如何规制和减少青少年犯罪以维护社会的和平稳定以确保和谐社会的构建成为一个亟待解决的重大课题,本文拟从青少年犯罪的现象入手,对青少年犯罪的原因进行了深入剖析,并结合青少年的心理与生理特征特提出了自己的应对策略,浅薄之处,以为贻笑大方之言。     

Criminalisation,modernisation, and globalisation: the US and international perspectives on domestic violence

The growth of modernisation in a society is intimately connected to the growth of legal evolutions related to criminalisation. While modernisation expands the boundaries of tolerance in an open society, it also expands the boundaries of crime and criminalisation. As modernisation expands on a global scale, the process of redefining crime, criminalisation, and victimisation also occurs on a global scale. In the modern societies of the West, the advance of modern law and justice and the progress of the notions of human rights have expanded the boundaries of freedom. They have also expanded the boundaries of criminalisation in a number of social, cultural, political, and economic domains. One of the major areas of criminalisation that has rapidly expanded with modernisation and globalisation, particularly in the West, is domestic violence. During the last 30 years, a series of laws have evolved in these societies that criminalise a wide variety of behaviours related to domestic violence. A comparative study of legislative developments on domestic violence in the United States, Brazil, India, Japan, Bangladesh, and Ghana suggests that, in each, a relatively homogenous set of laws against domestic violence has evolved.     

Older African American Women and Barriers to Reporting Domestic Violence to Law Enforcement in the Rural Deep South

Victims of domestic violence are legally entitled to police protection, but multiple barriers exist in contacting law enforcement. In this study, we used Federal Bureau of Investigation data, key informant interviews, and focus groups to examine barriers to reporting domestic violence among older African American women in the rural Deep South. Three primary barriers were identified: gender roles, age dependency, and mistrust of law enforcement. The main finding was that reports of domestic violence were deterred by fears of being stigmatized by church, family, and community. The one compelling and feasible resolution is for law enforcement to take a leadership role in educating clergy and other community leaders about domestic violence as a crime against older women.     

Law,ideology and social change: An analysis of the role of law in the construction of corporate crime

This paper explores recent efforts to theorize the potential of law as an agency for progressive social change in the context of the debate over corporate crime. Drawing on feminist experience with criminal law reform in the area of domestic violence, the author argues that the strategy of criminalizing corporate violations needs to be problematized, and that attention should also be focussed on exploring other avenues for progressive legal and political struggles aimed at the control of corporate crime.     

Retribution or restoration? Anglo–Australian's views towards domestic violence involving Muslim and Anglo–Australian victims and offenders

Abstract

The current study explored how gender, group membership and different emotional reactions to the crime of domestic violence predict attitudes and endorsement of restorative or retributive justice practices. The experiment consisted of a 2 (victim group membership: Muslim- or Anglo–Australian)×2 (offender group membership: Muslim- or Anglo–Australian)×2 (Sex of participant) between-participants factorial design. Anglo–Australian participants (43 men; 50 women) were randomly assigned to one of the four manipulated conditions, and completed an online questionnaire that involved viewing a short video clip of a woman describing her experience as a domestic violence victim. Results revealed strong preferences for restorative justice in dealing with domestic violence, with women supporting this practice more than men. The crime was perceived as most severe and retribution was endorsed most strongly when the victim was Anglo–Australian (i.e. an in-group member). Intra-group violence was also perceived to be a greater breach of shared Australian values than inter-group (i.e. cross-cultural) domestic violence. Emotional reactions further predicted participants' responses, with hatred predicting stronger support of retributive ideals and sympathy for the victim predicting greater endorsement of restoration.     

The reduction of violent crime through economic equality for women

Normally we do not link the reduction of violent crime with equal rights for women, this paper traces such a linkage. Central to the logic of this argument is that the distribution of the frequency of violent crime is often described by a bimodal curve which supposedly distinguishes between minor, unimportant offenders and a distinct group of serious offenders: the target for many policies being the latter. In fact, this bimodal distribution does not exist; therefore, policies based on it will be fruitless. The larger group of minor offenders is basically ignored. The distribution of violence is better described as a continuous skewed curve which retains its shape. Thus, an effective policy to reduce violence would have to shift the entire curve to the left. Reducing the more numerous acts of lesser violence rather than concentrating on the rarer cases of extreme violence would be more effective. Since much violence is nurtured in family settings, policies that decrease stress in family settings would have a meaningful impact on future violence. Stress could be reduced with greater economic equality for women, making it possible for them to leave potentially violent domestic settings. In the long term this would have an impact on violent crime.     

暴力犯罪的内涵与外延

本文认为我国理论上对于暴力犯罪的界定存在值得商榷之处 ,对暴力犯罪的界定 ,重要的并不在于刑法分则条文本身是否明文规定以暴力为犯罪构成要件 ,而在于行为人在实施犯罪时所采取的是否为暴力行为。并根据我国刑法的规定对“暴力犯罪”的范围以及“暴力”的内涵予以分析 ,在此基础上进一步论述了几种法律明文规定的暴力行为。     

Attitudes toward police response to domestic violence: a comparison of Chinese and American college students

Domestic violence has emerged as a worldwide concern since the 1970s. Although a substantial amount of efforts have been devoted to assessing various aspects of domestic violence, a relatively small number of studies have empirically examined factors that shape public attitudes toward police response to such incidents. Even rarer is investigating the topic from an international, comparative perspective. Based on survey data gathered from approximately 550 college students in China and the United States, this study analyzes the effects of background characteristics, personal and vicarious experiences of crime, and perceptions of gender roles and violence on attitudes toward proactive and traditional police response to domestic violence. Compared to their American counterparts, Chinese students were less likely to favor proactive response and more likely to support traditional response. Chinese and American students' attitudes toward police response to domestic violence were shaped by some different and common factors. Implications for policy and future research are discussed.     

The Relation Between Crime News and Fear of Violence

In this article, we explore the relationship between the use of crime news and fear of violence through multivariate analyses. Our main objective is to examine whether exposure to crime news is related to avoidance behaviour and fear of crime when personal and vicarious victimization experiences, as well as a number of other relevant factors, are held constant. Using the 2003 sweep of the Finnish National Victimization Surveys, we focus on two types of crime news exposure: exposure to crime‐related tabloid headlines, and the scope of exposure to different sources of crime news. Our main finding is that reading tabloid front pages is associated with both avoidance behaviour and with higher levels of worry about becoming a victim of violence. We also found that people who expose themselves to many sources of crime news are more likely to fear violence. As an interesting by‐product of our analyses, we observed that being unemployed was quite strongly associated with fear of violence.     

What's So Special about Specialized Courts? The State and Social Change in Salt Lake City's Domestic Violence Court

The nationwide growth in specialized or problem‐solving courts, including drug courts, community courts, mental health courts, and domestic violence courts, among others, raises questions about the role of the state with respect to social change. According to social control theories of the state, especially theories of technocratic or rationalized justice, law is increasingly about efficiency, speed, and effectiveness. Specialized courts, however, take on a social problem approach to crime, seeking to address crime's “root causes” within the individual, the society, and the larger culture in ways more characteristic of social movements. Are specialized courts about social control or social change? This study examines state action in a specialized court in domestic violence in order to examine this question. I focus on a domestic violence court that arose in February 1997 and four years later employed full‐time judges, prosecuting and defense attorneys, and numerous other staff to handle all misdemeanor domestic violence cases in Salt Lake County, Utah. I ask how legal, political, and community officials justify the court and its operation in order to examine some important issues about the role of the state and social change. Ultimately, I suggest that my findings about the complementary roles of social control and social change within domestic violence courts have implications not only for critical theories of technocratic justice and for the battered women's movement but also for democratic theories of the state.     

Relationship between type of trauma exposure and posttraumatic stress disorder among urban children and adolescents

This study examines the association between trauma exposure and posttraumatic stress disorder (PTSD) among 157 help-seeking children (aged 8-17). Structured clinical interviews are carried out, and linear and logistic regression analyses are conducted to examine the relationship between PTSD and type of trauma exposure controlling for age, gender, and ethnicity. Confrontation with traumatic news, witnessing domestic violence, physical abuse, and sexual abuse are each significantly associated with PTSD. Witnessing a crime, being the victim of a crime, and exposure to accidents, fire, or disaster are not associated with PTSD. These findings underscore the association between interpersonal violence and childhood PTSD.